Balwant Singh S/O Uttam Singh ... vs Kakasaheb Trimbakrao Ghule And ...
2021 Latest Caselaw 5028 Bom

                                                                  912-fa-1261-2020.odt
                                         (1)

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                      912 FIRST APPEAL NO.1261 OF 2020

                 BALWANT SINGH S/O UTTAM SINGH RAJPUT
                               VERSUS
                 KAKASAHEB TRIMBAKRAO GHULE AND ORS

                                       ...
                   Advocate for Applicant : Mr. Mehta Punit S
     Advocate for Respondent No.1 : Ms. J.B. Paikroa h/f Mr. P. M. Gaikwad
                 Advocate for Respondent No.5 : Mr. L. D. Vakil
                                       ...

                                     CORAM : UJJAL BHUYAN &
                                             M.G. SEWLIKAR, JJ.

DATED : 19 th MARCH, 2021

PER COURT:-

. Heard learned counsel for the parties.

2. Though Ms. Paikroa learned counsel submits that Mr.

Gaikwad, learned counsel appearing for respondent no.1 is not present in

Court due to death of his colleague's father, we have been informed that

the contesting respondent is respondent no.5. Learned counsel for the

appellant submits that respondent no.5 is trying to disturb the possession

of the appellant over the suit land.

3. Appellant had fled Special Civil Suit No.163 of 2017 in the

Court of 10th Joint Civil Judge, Senior Division at Aurangabad for

cancellation of sale deed, specifc performance of contract and perpetual

injunction. By the judgment and decree dated 27.06.2019, the suit was

dismissed. However, in so far point no.4 is concerned, which dealt with

the possession of the plaintif (appellant) over the suit property, learned

trial Court concluded that plaintif is in possession of the suit property.

912-fa-1261-2020.odt

4. However, it is submitted that taking advantage of the

dismissal of the suit, respondent no.5 is seeking to disturb the possession

of the appellant over the suit property.

5. In this appeal, notice was issued on 28.10.2020 whereby

record and proceedings were called for.

6. Let the appeal be admitted. Ofce to requisition the record

and proceedings expeditiously.

7. In view of the fnding rendered by the trial Court regarding

possession of the suit property by the plaintif (appellant), we direct that

possession of the plaintif (appellant) over the suit property shall be

maintained until further orders.

8. Stand over to 07.05.2021 for record and proceedings.

 [M.G. SEWLIKAR, J.]                                [UJJAL BHUYAN, J.]




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